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POH-0605-2018

Posted: 6/5/2018

Expiration date: 11/5/2018


                                                                                              PUBLIC NOTICE                                           

                                                ALTERNATIVE PERMIT APPLICATION PROCESSING PROCEDURES FOR
                                                      ACTIVITIES IN RESPONSE TO APRIL 2018 HAWAII HEAVY RAINS

The purpose of this notice is to advise the public that the U.S. Army Corps of Engineers, Honolulu District (the “District”), will initiate alternative permit application processing procedures in response to conditions resulting from heavy rains beginning on April 14, 2018 (hereafter referred to as “April 2018 Hawaii Heavy Rains”). These alternate procedures will be utilized for a period of 6 months from the date of this Notice, or November 05, 2018:

1. In accordance with 33 CFR 325.2(e)(4), an “emergency” is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the permit application under standard procedures.

2. It is anticipated that most activities requiring a Department of the Army permit will meet the terms and conditions of the Nationwide Permit Program (NWP). These activities would be accomplished under the authorities of Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344).

3. For those activities which are not authorized by an existing NWP, the following procedures will be used:

a. Requests for permits associated with April 2018 Hawaii Heavy Rains will be reviewed to determine if there is truly an emergency situation as defined by the regulations associated with the request.

b. If the action is determined to be an emergency, descriptions of the proposed action will be transmitted to representatives from each of the appropriate federal, state, and local agencies, including the State agencies responsible for Section 401 Water Quality Certification, Coastal Zone Management Consistency, Section 106 of the National Historic Preservation Act and Federal Agencies responsible for Section 7 of the Endangered Species Act and Magnuson-Stevens Fishery Conservation and Management Act, if required.

c. Agency comments, including Section 401 Water Quality Certifications or Waivers and Coastal Management CZMA certifications, will be requested within 12 hours of the written receipt of permit application, and if possible, a permit decision will be made within 24 hours of the request.

d. The District will make a permit decision after considering/addressing any comments submitted by the agencies. It is anticipated that this process can be finalized within 24-48 hours for most actions.

4. If additional information is needed, please contact Ms. Vera Koskelo of the Regulatory Branch, U.S. Army Corps of Engineers. Ms. Koskelo may be reached at 808-835-4310, or by email at: vera.b.koskelo@usace.army.mil .